Principles of European Prison Law and Policy

Penology and Human Rights

Dirk van Zyl Smit and Sonja Snacken

Examines a growing area of European law which has an increasing impact in almost every European country

Analyses European human rights standards derived from case law of the European Court of Human Rights, general and country specific reports of the European Committee for the Prevention of Torture and the recommendations of the Council of Europe

Sets out core principles grounded in both human rights and penological findings from around Europe

Principles of European Prison Law and Policy

Penology and Human Rights

Dirk van Zyl Smit and Sonja Snacken

Description

In recent years European prison law and policy have emerged as a force to be reckoned with. This book explores its development and analyzes the penological and human rights foundations on which it is based. It examines the findings of the European Committee for the Prevention of Torture, the recommendations of the Council of Europe, and the judgments of the European Court of Human Rights. From these sources it makes explicit the general principles that underlie European prison law and policy, emphasizing the principle of using imprisonment as a last resort and the recognition of prisoners' rights. The book then moves on to apply these principles to conditions of imprisonment, regimes in prison, contacts between prisoners and the outside world, and the maintenance of
good order in prisons.

In the final chapter the book considers how European prison law and policy could best be advanced in future. The authors argue that the European Court of Human Rights should adopt a more proactive approach to ensuring that imprisonment is used only as a last resort, and that a more radical interpretation of the existing provisions of the European Convention of Human Rights will allow it to do so. It concludes that the growing cooperation on prison matters within Europe bodes well for the increased recognition of prisoners' rights across Europe. In spite of some countervailing voices, Europe should increasingly be able to give an international lead in a human rights approach to prison law and policy in the same way as it has done with the abolition of
the death penalty.

Principles of European Prison Law and Policy

Penology and Human Rights

Dirk van Zyl Smit and Sonja Snacken

Table of Contents

1. The History of European Prison Law and Policy2. Context and Theory3. Basic Principles4. Conditions of Imprisonment5. The Prison Regime6. Contact with the Outside World7. Good Order8. Release9. The Future of European Prison Law and Policy

Principles of European Prison Law and Policy

Penology and Human Rights

Dirk van Zyl Smit and Sonja Snacken

Author Information

Dirk van Zyl Smit is Professor of Comparative and International Penal Law at the University of Nottingham. He has advised the governments of South Africa, Malawi and of Bosnia and Herzegovina on new prison legislation. He acted as expert adviser to the Council of Europe on the new European Prison Rules and the forthcoming Rules on Juvenile Offenders subject to Sanctions and Measures, and to the United Nations Office for Drugs and Crime for its Handbook on Alternatives to Imprisonment. Sonja Snacken is Professor of Criminology, Penology and Sociology of Law at the Vrije Universiteit Brussel, and a part-time professor at the Universiteit Gent. She is President of the Council for Penological Cooperation of the Council of Europe and acts as an expert for the European
Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.